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HomeMy WebLinkAbout01-6494FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ALTEGRA CREDIT COMPANY 150 ALLEGHENY CENTER MALL PITTSBURGH, PA 15212 Plaintiff CHARLES E. DOUGHERTY JOAN M. DOUGHERTY 18 HUMMEL AVENUE CAMP HILL, PA 17011 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 7000016887 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD. FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CON. SULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is ALTEGRA CREDIT COMPANY 150 ALLEGHENY CENTER MALL PITTSBURGH, PA 15212 The name(s) and last known address(es) of the Defendant(s) are: CHARLES E. DOUGHERTY JOAN M. DOUGHERTY 18 HUMMEL AVENUE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 9/18/95 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERICAN MORTGAGE REDUCTION, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1285, Page 1116. By Assignment of Mortgage recorded 10/10/95 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 505, Page 770. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 6/22/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." The following amounts are due on the mortgage: Principal Balance Interest 5/22/01 through 10/1/01 (Per Diem $18.23) Attorney's Fees Cumulative Late Charges 9/18/95 to 10/1/01 Cost of Suit and Title Search Subtotal $67,603.59 2,424.59 3,380.00 752.29 550.00 $74,710.47 Escrow Credit 0.00 Deficit 643.00 Subtotal $ 643.00 TOTAL $75,353.47 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403e on the date(s) set forth in the tree and correct copy of such notice(s) attached hereto as Exhibit "A." I0. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a tree and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $75,353.47, together with interest fi.om 10/1/01 at the rate of $18.23 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/Frank Federman FRANK FEDERMAN, ESQUIRE .Attorney for Plaintiff ALL TBAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN LOWER ALLEN TOWNSHIP COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT; BEGINNING AT A POINT ON THE NORTHERN LINE OF HUMMEL AVENUE, AS LAID DOWN BY THE W. GORGAS ESTATE, WHICH POINT IS TWO HUNDRED EIGHTY (280) FEET WEST OF THE WESTERN LINE OF MILLTOWN ROAD, AT THE DIVISION LINE OF PROPERTY NO. 16: THENCE NORTHWARDLY AT RIGHT ANGLES WITH HUMMEL AVENUE, THROUGH THE CENTER OF THE PARTITION WALL OF THIS AND ADJOINING HO HUNDRED NINETEEN (119% F ~ ........ USE AND BEYOND ONE SOUTHERN LINE OF SAID PUBLIC ~,~.~55~_WESTWARDLY ALONG THE ~ ~n~Tx ~IVE (35) FEET, MORE OR LESS, TO A POINT ON THE DIVISION LINE OF LOT NO. 20; THENCE SOUTHWARDLY ALONG SAID DI~iSION'LINE ONE HUNDRED NINETEEN (119) FEET; MORE OR LESS, TO THE NORTHERN LINE OF HUMMEL AVNEUE AND THENCE EASTWARDLY ALONG THE NORTHERN LINE OF SAID HUMMEL AVENUE THIRTY FIVE (35) FEET TO A POINT; THE PLACE OF BEGINNING. ~AVING THEREON ERECTED A BRICK DWELLING HOUSE, KNOWN AND NUMBERED AS 18 IN SAID PLAN OF LOTS. THE IMPROVEMENTS THEREON BEING KNOWN AS NO. 18 HUMMEL AVENUE. BEING THE SAME LOT OR PARCEL OF GROUND WHICH BY DEED DATED OCTOBER 20, 1980, AND RECORDED AMONG THE LAND RECORDS OF CUMBERLAND COUNTY IN LIBER D29, FOLIO 961, WAS GRANTED AND CONVEYED BY AND BETWEEN ROBERT W. FARVER AND ARLENE L. FARVER UNTO CHARLES E'. DOUGHERTY AND JOAN M DOUGHERTY HUSBAND AND WIFE. · , VERIFICATION KAREN L. FINNEGAN hereby states that she is FORECLOSURE SPECIALIST of ALTEGRA CREDIT COMPANY mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: SHERIFF'S RETURN - CASE NO: 2001-06494 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALTEGP~A CREDIT COMPANY VS DOUGHERTY CHARLES E ET AL REGULAR CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DOUGHERTY CHARLES E the DEFENDANT , at 2007:00 HOURS, at 18 HUMMEL AVENUE CAMP HILL, PA 17011 CHARLES E. DOUGHERTY on the 19th day of November , 2001 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 9.10 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 37.10 12/20/2001 FEDERMAN Sworn and Subscribed to before me this 2w~- day of onotary By: SHERIFF'S RETURN - OUT OF COUNTY C~SE NO: 2001-06494 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALTEGRA CREDIT COMPANY VS DOUGHERTY CHARLES E ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT DOUGHERTY JOAN M , Sheriff or Deputy Sheriff who being says, that he made a diligent search and , to wit: but was unable to locate Her in his bailiwick. deputized the sheriff of YORK County, serve the within COMPLAINT - MORT FORE He therefore Pennsylvania, On December 20th , 2001 , this office was in receipt of the to attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County 6.00 9.00 10.00 53.12 .00 78.12 12/20/200 FEDERMAN & PHELAN R/. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~,~ day of ~ jL~r~ 2~ A.D. I Prothonotar~ COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN Altegra Credit Ccmpany 3 DEFENDANT/S/ Charles E. Dougherty et al SERVE SERVICE CALL (717) 771-9601 AT civi 4. TYPE OF ~ARIT OR COMPLAIN/ Notice & Ccmplaint in Mortgage Foreclosure 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. Joan M. Douqhert¥ 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., C~TY, BORg, TWP., STATE AND ZIP CODE) 100 Locust Way Dillsburg, PA 17019 7. INDICATE SERVICE: O PERSONAL O PERSON IN CHARGE Z]~I~EPUTIZE ~.C~l~,~t~l~t3c1 [31 ST CLASS MAiL i3 POSTED O OTHER NOW __ December 4, __, 2001 I, SHERIFF O~"~--C'-~NTYj PA..do hereby depuJizg, the sheriff of __ York .... COUNTY to execut~~..~.~mak~r.,~tu['~ac~cording to law, This deputization being made at the request and risk of the plaintiff. SHERIFF OF ~I~I(~COU NTY SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Ct~bertand OUT OF COUNTY CUMBERLANB ADVANCED FEE PAID BY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the pert of such deputy or the %heriff to any plaintiff herein for any loss, destruction, or removal of any property before shedffs sale thereof. "T~D~A~D~(~RN~'~I~T~"~SI~N0~AN STATION lO, TELEPHONE NUMBER il. DATE FmLED 1617 JFK BLVD, PHILA.~ PA 19103-1814 215-563-7000 11-15-01 12. SEND NO~CE OF SER~CE COPY TO NAME AND ADDRESS BELOW: ~is area must ~ ~mp~ ff no~ is ~ be mail~) SHERIFF 0F CUHBERLAND COUNTY 13. t a~n~ge ~i~ of ~e writ 14. DATE RECEIVED ~mplaintesindi~t~above. R. AHRENS 12-7-01 : 12-t~-01 16. HOWSERVED: PERSONAL( ) RESIDENCE( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( )-~';~ ~EE REMARKS BELOW 17. ~. I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 21.ATTEMPTS pat~ Ti_me Miles Int. Dat~lTi~/e~ile~l Im.'~Date Time Miles Int. Date 33me Miles Int. Date Time Mi/esl ~nt ID[te Time Miles Int. 23. Advance Costs l=4Se i Cosml *.N/F I O.M,ea e [27. Postage12e, SubTctal )2 .Poundl30. Nole y I 75,oo1 8,oo I I33'12 I ) 51,i2 I I 2,OOl 39. Total Costs J 40. Costs Due or Refund 41. AFFIRMED and subscribed to before me this. 17 44. Signature of 42. pey of DECEMBER ,=0_ Dep. Sheriff County Shedff WILLIAM M. HOSE 48 Signature of Foreign County Sheriff ETURN SIGNATURE OF A 1, WHITE * issuing Authority 2. PINK - Attorney 3. CANARY - Shedff's Office 4. BLUE - Sheriff's Office SO ANSWERS 45. DATE 47. DATE 12-17-01 49. DATE 51 DATE RECEIVED FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 - 1814 (2! 5) ~6~-7n00 ATTORNEY FOR PLAINTIFF ALTEGRA CREDIT COMPANY VS. CHARLES E. DOUGHERTY JOAN M. DOUGHERTY COURT OF COMMON PLEAS BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A CIV]L DIVISION CUMBERLAND COUNTY NO. 01-6494 CIV]L MOTION FOR SERVICE PURSUANT TO SPECIAl, ORI~ER Oi~ COlYRT Plaintiff, by its counsel, Michele M. Bradford, Esquire, moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant(s) by Certified mail and regular mail to the Defendant's last known address and mortgaged premises located at 18 HUMMELL AVENUE, CAMP HILL, PA 17011 and in support thereof avers thc following: 1. Attempts to serve Defendant(s) with the Complaint have been unsuccessful, as indicated by the Sheriffs Return of Service attached hereto as Exhibit "A". 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant(s). An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". CZC, Svc Dept. H:/Main Forms/motions/county.comp 3. Internal records reviewed by Plaintiff and has not been contacted by defendant as of ,Ianmiry...2,.2fl~ to bring loan current. 4. Plaintiffsubmits that it has made a good faith effort to locate the defendants, but has been unable to do so. W}IEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint by certified mail and regular mail. Michele M. Bradford, Esquire CZC, Svc Dept. H:/Main Forms/motions/county.comp FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. I.D. #69849 ! 617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (21 q) 56'~-7000 ALTEGRA CREDIT COMPANY VS. CHARLES E. DOUGHERTY JOAN M. DOUGHERTY ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DMSION CUMBERLAND COUNTY NO. 01~6494 CIVIL MI~,MOR A1NI~IIM OF I ,A~ Pennsylvartia Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating .... the nature and extent of the Inves~gat~on whmh has been made to determine the whereabouts of the Defendant(s) and the reasons why service cannot be made. Note: A Sheriffs return of''Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Cmn~,.q w P,~liq~ 238 Pa. Super. 362, 357 A.2d 580 (1976). "No ' ' · tice of intended adopoon mailed to Iast known address reqmres a good fa/th effort to discover the correct address." ~ of Walker, 468 Pa 165, 360 A 2d 603 (1976) An illuslmtion of good faith effort to locate the defendant includes (I) inquires of postal authorities including inquiries pursuant to the Freedom of In formation Act, 39 C.F.R. Part 265, (2) inquiries of relatives ne/ghbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". W}IEREFORE, Plaintiff respectfully requests service of the Complaint by certified mail and regular mail. Respectfully submitted: Michele M. Bradford, Esquire H:/Main Forms/motions/county.comp SHERIFF'S RETURN CASE NO: 2001-06494 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALTEGRA CREDIT COMPANY VS DOUGHERTY CHARLES E ET AL OUT OF COUNTY R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: DOUGHERTY JOAN M but was nabme to locate Her in his bailiwick. deputized the Sheriff of YORK County, serve the within COMPLAINT - MORT FORE He therefore Pennsylvania, to On December 20t___~h 2001 , Chis office was in receipt of the attached return from YORK Sheriff,s Costs: Docketing Out of County Surcharge Dep York County 6.00 9.00 10.00 53.12 .00 -78.12 12/20/2001 FEDERM_AN & PHELA2~ Thomas Kline Sheriff of Cumberland County Sworn and subscribed ~o before me this day of Prothonotary COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST, YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN PLAINTIFF/S/ Altegra Credit Cc~any SE'R¥1CE 'CALL (717) 771-960! INSTRUCTIONS PLEASE TYPE ONLY LINE 3. THRU 12 DO NOT DETACH ANY COPIES 2 CO T N ER ~PE OF VVR~ COMPLAJNT Charles E. Dougherty et al ~ Notice & Ccmplaint in ~ Mortgage Foreclosure SERVE {_5 NAME OF INDIVIDUAL. COMPANy. CORPORATION ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED. OR SOLD Joan M. Douqherty 6 ADDRESS (STREET OR RFO W~TH BOX NUMBER, APT NO, CIT~ BOR© TV%q~, STATE AND ZIP CODE} AT 100 Locust Way Dillsburg, PA 17019 .... 2001 .... --..~-.- .......... ~ OTHER --. York .... "%%%~ ?Ze~~ PA~./Io hereby depu.tiz~ the sher ff of to law. Th,s deput,zat,on be,ng made at the request ara risk of the pie nt ff. CL~berland OUT OF COUNIY CUMBERLAND AD______VANCED FEE PAID BY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN. Any depu~ sheriff lewlng upon or atta~ing without liability on the part of such deputy or the 'sheriff to any plaintiff "T~OL~tNJ~I~Ag%~I°~'rC][RNI~?~I?~I~"%SI%%A~UI%AN STATION ~o TELEPHONE NUMBER EF,LED 1617 JFK BLVD, PNILA. pA 19103_1814 ~_ ~ i2. ' 7000 SBND NOTICE OF SERVICE DOPY TO NAME AND ADDRESS BELOW: (This area must I~e completed if notice is ~o be mailed) SHERIFF OF CUMBERLAND COUNTY SPAC__E BELOW FOR USE OF THE SHERIFF - DO NOT WRITE~,BE~?:W~T.H,!,S.?NE- R. AHRENS 15 E~xpirafion/Heanng Date 16 HOWSERVED: PERSONAL( ) RESIDENCE( ) POSTED( ) POE( ) SHER ~tyandreturnaN~TFOiJNDbecauseI -..~,.,~.~_ -- - IFFSOFFiCE( ) OTHER( )- SEE REMARKS BELOW 21 ATTEMPTS ~a '/3..rn.~ Mil.es Jnl. Da T' '"~4i · ~ii[~' .~/~l I~,~1~,~] ~T~ !~.e~I ~t~IDatelT"eIMllesI Iht ~DatelTimeIMiles' In 'Dae,T!me,Miles,nt. ~D!lelTimeJMd. 23 Advance Costs 27 41. AFFIRMED anO subscnbed to before me this 17 42 payor DECEMBER =0 0~- 44 Signatureof '?~// ×' ,: : ,~ ,. ./'i WILLIAM M. HOSE ..~ - OF A~ORiZED ISSUING AUTHOR,~ AN~TUR' ATURE 4~. DATE-- -- 51 DATE RECEIVED EXHIBITA PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: 7000016887 Attorney Firm: TRACK STARS Case Number: Subject: CHARLES E & JOAN M DOUGHERTY A.K.A.: None Last Known Address: 18 HUMMEL AVENUE CAMP HILL, PA 17011 Last Known Number: (717) 737-2068 Michael K Gross, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of President for Players National Locator. 2. On 10/03/2001, I conducted an investigation into the whereabouts of the above named defendant(s). The resuJts of my investigation are as folJows: CREDIT INFORMATION - A. SOCIAL SECURITY NUMBER: 184-48-8637 197-52-6641 B. EMPLOYMENT SEARCH: Unable to locate a good employer for Charles and Joan. C. INQUIRYOF CREDITORS: Creditom indicated that Charles and Joan are living at 18 Hummel Avenue, Camp Hill, Pa. 17011 with a home phone number of 717-737-2068. Charles and Joan filed chapter 7 bankruptcy in August 1998 with attorney Ronald Butler. Case # 98-04007 with no release date given. INQUIRY OF TELEPHONE COMPANY - A. DIRECTORY ASSiSTANCE SEARCH: The home phone number for Charles and Joan Dougherty is 717-737-2068 registered at 18 Hummel Avenue, Camp Hill, Pa. 17011. We called the home number and spoke with Charles who stated he and Joan are both living at this address. INQUIRY OF NEIGHBORS - We contacted 717-737-2068 registered at 18 Hummel Avenue and spoke with a neighbor who stated Charles and Joan Dougherty are both living at the last known address. INQUIRY OF POST OFFICE - A. NATIONAL ADDRESS UPDATE: As of September 29, 2001 the National Change of Address (NCOA) has no change for Charles and Joan from the last known address. MOTOR VEHICLE REGISTRATION - A MOTOR VEHICLE & DMV OFFICE: The Pennsylvania Department of Drivers Licensing has Charles and Joan listed at the last known address. OTHER INQUIRIES - A. DEATH RECORDS: As of September 29, 2001 the Social Security Administration has no death records on file for Charles E and Joan M Dougherty under their social security numbers. ' EXHIBIT'B- · B. PUBLIC LICENSES ( PILOT, REAL ESTATE, ETC. ): None Found C. COUNTY VOTER REGISTRATION: The Cumberland County Voters Registration Office has Charles and Joan listed at the last known address. OTHER SEARCHES - The Cumberland County Tax Records Indicate: The address at 18 Hummel Avenue, Camp Hill, Pa. 17011 appears to be Owned by Charles and Joan Dougherty. Charles and Joan appear to be using this address for mailing purposes. ADDITIONAL INFORMATION ON SUBJECT - A. DATE OF BIRTH: Charles 03~56 Joan 1960 / Players lVational Locator 113 Old St' ' '' · ate Road, Suite 104 St. Louis, MO 63021 Phone: (636) 230-9922 Fax: (636) 230-0558 EXHIBIT"B' ~RIFICATION Michele M. Bradford, Esquire, hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to take this Affidavit, and that the statements mede in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Date: Jam~ary 7; 2002 Michele M. Bradford, Esquire H:/Main Forms/motions/county.conap FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (2! s) ,56~-70n0 Attorney for Plaintiff ALTEGRA CREDIT COMPANY Plaintiff vs. CHARLES E. DOUGHERTY JOAN M. DOUGHERTY Defendants COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County No. 01-6494 CIVIL PE I T IL T RT F E TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: January 7t CZC, SVC DEPT 2002 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (21 q) 563-7000 ALTEGRA CREDIT COMPANY Vs. CHARLES E. DOUGHERTY JOAN M. DOUGHERTY ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-6494 CIVIL ('I~,RTII~IC, ATION O!~ ,qll~.RVICE I, Michele M. Bradford, Esquire, herby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individual(s) as indicated below by first class mail, postage prepaid, on the date listed below. JOAN M. DOUGHERTY at: 18 HUMMELL AVENUE CAMP HILL PA 17011 100 LOCUST WAY DILLSBURG, PA 17019 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: Iammry_.7..-2f~ Michele M. Bradford, Esquire Attorney for Plaintiff CZC, Svc Dept. H:/Main Forms/motions/county.comp FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 ATTORNEY FOR PLAINTIFF ALTEGRA CREDIT COMPANY VS. CHARLES E. DOUGHERTY JOAN M. DOUGHERTY COURT OF COMMON PLEAS CWIL DMSION CUMBERLAND COUNTY NO. 01-6494 CIVIL AND NOW, this ["~ day of "~~k : 20~ upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiffmay obtain service of the Complaint on the above captioned Defendant(s) JOAN M. DOUGHERTY, by mailing a true and correct copy of the Complmnt by cerUfied mall and regular mml to the Defendant last known address, and to the mortgaged premises located at 18 HUMMELL AVENUE, CAMP HILL, PA 17011. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attomey, who will file with the Prothonotary's Office an Affidavit as to the CZC, Svc Dept. mailing. H:/Main Forms/motions/county.comp FEDERMAN AND PHELAI~ ~ BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (21 S) s63-7000 ALTEGRA CREDIT COMPANY Plaintiff VS. CHARLES E. DOUGHERTY JOAN M. DOUGHERTY Defendant(s) Attomey for Plaintiff COURT OF COMMON PLEAS CWIL DWISION CUMBERLAND COUNTY NO. 01-6494 CIVIL AFFIDAVIT OF SERVICE OF COMPLAINT llV MAll, PlIRRIIANT TO COIIRT ORI~F~I~ I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons, to JOAN'M. DOUGHERTY at 18 HUMMEL AVENUE, CAMP HILL, PA 17011 and 100 LOCUST WAY, DILLSBURG, PA 17019 on ~ 2fl02~ in accordance with the Order of Court dated JANUARY 17,2002. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: Jan,,aW 30. 2007 FRANK FEDERM.~q;ESQUIRE Attorney for Plaintiff CZC, Svc Dept. FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ALTEGRA CREDIT COMPANY 150 ALLEGHENY CENTER MALL PITTSBURGH, PA 15212 Plaintiff, CHARLES E. DOUGHERTY JOAN M. DOUGme. RTY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6494 CIVIL PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against CHARLES E. DOUGHERTY and JOAN M. DOUGHERTY, Defendant(s) for failure to file an Answer to Plaintif?s Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 10/1/01 to 3/8/02 TOTAL $75,353.47 $2,898.57 $78,252.04 I hereby certify that (1) the addresses of the Plaintiffand Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE:~/3f,I.o,~,. ~ ~ PRO PROTHY FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF ALTEGRA CREDIT COMPANY Plaintiff vs. CHARLES E. DOUGHERTY JOAN M. DOUGHERTY Defendant (s) TO: CHARLES E. DOUGHERTY 18 HUMMEL AVENUE CAMP HILL,PA 17011 : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 01-6494 CIVIL FiLE DATE OF NOTICE: FEBRUARY 20,2002 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICg You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERM3%N~ PHELAN Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF ALTEGRA CREDIT COMPANY Plaintiff VS. CHARLES E. DOUGHERTY JOAN M. DOUGHERTY : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : N0.01-6494 CIVIL Defendant TO .- JOAN M. DOUGHERTY 18 HUMMEL AVENUE CAMP HILL,PA 17011 DATE OF NOTICE: FEBRUARY 20.2002 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property'or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBE.RTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMANAND PHELAN Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF ALTEGRA CREDIT COMPANY Plaintiff VS. CHARLES E. DOUGHERTY JOAN M. DOUGHERTY : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO.01-6494 CIVIL Defendant TO: JOAN M. DOUGHERTY 100 LOCUST WAY DILLSBURG, PA 17019 DATE OF NOTICE: FEBRUARY 20,2002 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION oBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTIC~ You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOllN F. KENNEDY BLVD., SUITE 1400 PltlI.ADELPItlA, PA 19103-1814 (215) 563-7000 ALTEGRA CREDIT COMPANY 150 ALLEGHENY CENTER MALL Plaintiff, V. CltARLES E. DOUGI~ERTY JOAN M. DOUGI~ERTY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6494 CIVIL VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that on infoimation and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant CHARLES E. DOUGHERTY is over 18 years of age and resides at , 18 HUMMEL AVENUE, CAMPHILL, PA 17011 . (c) that defendant JOAN M. DOUGHERTY is over 18 years of age, and resides at, 18 HUMMEL AVENUE, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ALTEGRA CREDIT COMPANY 150 ALLEGHF~NY CENTER MALL Plaintiff, V. CHARLES E. DOUGHERTY JOAN M. DOUGItERTY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6494 CIVIL Notice is given that a Judgment in the above-captioned matter has been entered against you on ft/n ,.a 200 . DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.* * PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.1LC.P. 3180-3183 ALTEGRA CREDIT COMPANY Plaintiff, V. CHARLES E. DOUGI~ERTY JOAN M. DOUGHERTY Defendant(s). No. 01-6494 CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 3/8/02 to 6/5/02 (per diem -12.86) TOTAL $78,252.04 ~/ $1,144.54 and Costs $79,396.58 F~ FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, County of Cumberland and State of Pennsylvania bounded and described as follows, to wit: BEGINNING at a point on the Northern line of Hummel Avenue, as laid down by the W. Gorgas Estate'S" which point is two hundred eighty (280) feet West of the Western line of Milltown Road, at the div~on line of Property No. 16; thence Northwardly at right angles with Hummel Avenue, through the ce~lter of the partition wall of this and adjoining house and beyond one hundred nineteen (119) feet, more or less, to a point on the Southern line of a public road; thence Westwardly along the Southern line of said Public Road thirty-five (35) feet, more or less, to a point on the division line of Lot No. 20; thence Southwardly along said division line one hundred nineteen (119) feet, more or less, to the Northern line of Hummel Avenue and thence E4~stwardiy along the Northern line of said Hummel Avenue thirty-five (35) feet to .a point, the place of beginning. HAVING thereon erected a brick dwelling house, known and numbered as 18 in said Plan of Lots. Tax Map ge22-0536 Parcel//36 TITLE TO SAID PREMISES IS VESTED IN Charles E. ~2)ougherty and Joan .M~ougherty, his wife by Deed from Robert W. Farver and Arlene L. Farver, his wife, et al, dated 10/20/1980, recorded 10/22/1980, in Record Book 29-D, Page 961. FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (~1 '~) S6~-7000 ATTORNEY FOR PLAINTIFF ALTEGRA CREDIT COMPANY VS. CHARLES E. DOUGHERTY JOAN M. DOUGHERTY COURT OF COMMON PLFAS cwm DWISION CUMBERLAND COUNTY NO. 01-6494 CW~ ORDER AND NOW, this / 7 ~' day of ~ ,2002.~pon consideration of PlaintifPs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Complaint on the above captioned Defendant(s) JOAN M. DOUGHERTY, by mailing a true and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 18 I-IUMMELL AVENUE, CAMP HILL, PA 17011. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing. BY THE COURT: CZC, Svc Dept. H:/Main Forms/motions/county.comp ALTEGRA CREDIT COMPANY Plaintiff, ¥. CHARLES E. DOUGHERTY JOAN M. DOUGHERTY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6494 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) ALTEGRA CREDIT COMPANy., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following infomiation concerning the real property located at ~18 HUMMEL AVENUE, CAMP HILL~ PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHARLES E. DOUGHERTY JOAN M. DOUGHERTY 18 HUMMEL AVENUE CAMP HILL, PA 17011 18 HUMMEL AVENUE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: CHARLES E. DOUGHERTY 18 HUMMEL AVENUE CAMP HILL, PA 17011 JOAN M. DOUGHERTY 18 HUMMEL AVENUE CAMP HILL, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: SalTle None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMERCIAL CREDIT CORP. 3401 HARTZDALE DRIVE, STE. 126 CAMP HILL, PA 17011 5. Name and address of every other person who has any record lien on the property: Salne Last Known Address (if address cannot be reasonably ascertained, please indicate) LOWER ALLEN TOWNSHIP AUTHORITY 120 LIMEKILN ROAD NEW CUMBERLAND, PA 17070 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 18 HUMMEL AVENUE. CAMP HILL, PA 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ALTEGRA CREDIT COMPANY Plaintiff, V. CHARLES E. DOUGItERTY JOAN M. DOUGHERTY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6494 CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ALTEGRA CREDIT COMPANY Plaintiff, V. CHARLES E. DOUGHERTY JOAN M. DOUGHERTY Defendant(s). TO: CHARLES E. DOUGHERTY 18 HUMMEL AVENUE CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 01-6494 CIVIL March 8, 2002 JOAN M. DOUGHERTY 18 HUMMEL AVENUE CAMP HILL, PA 17011 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY ** Your house (real estate) at ~ 18 HUMMEL AVENUE, CAMP HILL~ PA 17011~ is scheduled to be sold at the Sheriff's Sale on JUNE 5~ 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 78~252.04 obtained by ALTEGRA CREDIT COMPANY (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: {215} 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390.' 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAI CERTAIN piece or parcel of land situate in Lower Allen Township, County of Cumberland ~,~.~ .~..._ cf P~nn~vlvan/a. bounded and described as follows, to wit: BEGINNING at a point on the Northern line of Hummel Avenue, as laid down bv the W. Gorgas Estate: wh/ch point is two hundred eighty. (280) feet West of the Western line of Mill(own Roa ~. at '~ divjJon line of Property No. 16; thence Northwardly at right angles with Hummel Avenue, through the center of the partition wall of this and adjoining house and beyond one hundred nineteen (119) feet, more or less, to a point on the Southern line of a public road; thence Westwardly along the Southern line of said Public Road thirty-five (35) feet. more or less, to a point on the division line of Lot No. 20; thence Southwardly along said division line one hundred nineteen (119) feet. more or less, to the Northern line of Hummel Avenue and thence Eastwardly along the Nonhe:-n tine of said Hummei Avenue thirty-five (35) feet to a point, the place of beginning. HAVING thereon erected a brick dwelling house, known and numbered as 18 m said Plan of Lots. Tax Map ""' ~'-"' .,--,_-v~ ~,o Parcel TITLE TO SAID PREMISES IS VESTED IN Charles E. Dou¢herrv and Joan ughen-y, his wife by Deed from Robert W. Farver and Arlene L. Far'er, hi~ wife. et al. dated i0/20/1980, recorded 10/~,~ I980, m Record Book 29-D, Page 961. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: ALTEGRA CREDIT COMPANY CIVIL ACTION VS. CHARLES E. DOUGHERTY JOAN M. DOUGHERTY CIVIL DIVISION NO. 01-6494 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for ALTEGRA CREDIT COMPANY hereby verify that on 3/13/02 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 3/13/02 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: April 26, 2002 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 7160 3901 9844 7042 4201 TO: JOAN M. DOUGHERTY, 18 HUMMELL AVENUE, CAMP HILL, PA 17011 7160 3901 9844 7042 4218 TO: CHARLES E. DOUGHERTY, 18 HUMNIELL AVENUE, CAMP HILL, PA 17011 SENDER: TEAM 5/JM 1 SENDER: TEAM 5/JM REFERENCE: DOUGHERTY, CHARLES I REFERENCE: DOUGHERTY, CHARLES RETURN Postage ,. .34 ~~' I RETURN I Postage ] .34 RECEIPT Ce~fiedFee ~. [ RECEIPT I ceear~dFeo I 2.10 Re.c..e. lpt for. ' Reoempt for No Insurance Coverage Provfded ,. ~ Coverage Do Not Use Inr Interaction* Mall L ...~'-. D° N°t Use ~°r 'ntem~°nal Matra FEDERMAN AND PHELAN, LLP. by= Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1%00 Philadelphia, PA 19102-1799 ALTEGRA CREDIT COMPANY CHARLES E. DOUGHERTY JOAN M. DOUGHERTY ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 01-6494 CIVIL PLAINTIFF'S PETITION FOR REASSESSMENT OF DAMAGES Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, moves the Court to direct the Prothonotary to reassess the damages in this matter, and in support thereof avers the following: 1. Complaint in Mortgage Foreclosure was filed on NOVEMBER 15, 2001. 2. Judgment was entered against Defendant(s) on MARCH 13, 2002 in the amount of $78,252.04. 3. The mortgaged premises are listed for Sheriff's Sale on JUNE 5, 2002. 4. Additional sums have been incurred or expended on Defendant(s)' behalf since the Complaint was filed and Defendant(s) have been given credit for any payments that have been made since the judgment, if any. The amount of damages should now read as follows: Principal Balance Interest Amount 5/22/01 through 6/5/02 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit TOTAL 67,603.59 10,310.97 752 29 1,065 00 1,367 00 0 00 410 00 0 00 0.00 643.00 $82,151.85 5. Under the terms of the mortgage, Plaintiff is entitled to inclusion f the figures set forth in paragraph five in the amount of judgwnent against the Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reass~ag,~es as set forth above. Daniel G. Schmieg, Esquire Attorney for Plaintiff -2- COURT OF COMMON CIVIL TRI~-L DIVISION NO. 2359 ORD~.R AND ODINION WHITe, J. upon ¢onsi~eqation of plain=iff, Federal National Mot=gage A~socia:fon's Petition for Reconsideration Munc Pro Tunc of this Court's Or,er of November 7, 1985 and =he AnsWer thc~re~o Of Def~hdanUs, Joseph Jefferson an~ Rosie jefferson, it is herehy'ORpEP~D and DECREED as ' fo! lows: L ' ' 1) Said P~i~-on is GKANT~D; ' ' Because P!~in=iff was r~g~'ired to mcorP= currc:nt ~r=gage ~ay~n=s upo~ ~he f~ling of ,De~eq~an=s bankruptcy 9etl=ioh and in fact did so, it is necessary ~o runssuss ~e amoun~ of ~amag~s ~hat lni~iaI!y were assessed ju~g~nt by ~efaul= was' entered in ~his action. Because Defendants haue no= refuted ~he specific amcun~ claimed - 1 - by PLaintiff in the ins=an= Mo=ion for Reassessmunt, Court fin~s that Defendants have adml~e~ ~.hese amounts,, pursuan~ to Pa. R.C.P... BY THE COURT: THOMA~ A. W , ? j FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 ALTEGRA CREDIT COMPANY vs. CHARLES E. DOUGHERTY JOAN M. DOUGHERTY ATTOR~f FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 01-6494 CIVIL BRIEF OF LAW IN SUPPORT OF pn~T~TIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Plaintiff and Defendant(s) entered into a Promissory Note and Mortgage Agreement, wherein Defendant(s) agreed to pay Plaintiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff's Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant{s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub judicia, Defendant(s) failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant(s) were not going to cure the default and bring the loan current, Plaintiff commenced a Mortgage Foreclosure Action. Judgment was subsequently entered by the Court, and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. II. ARGUMENT FOR REASSES.gW~9~T OF DAMAGES The Pennsylvania Rules of civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation..." In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa. Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mortqaqe Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super 1988). In Chase Home Mortqage, the Court stated that where a judgment has been assessed following defendant's failure to file a responsive pleading in a mortgage foreclosure action, a mortgagee ,'...could properly move the court to amend the judgment to add additional sums due by virtue if the mortgage's failure to comply with the terms of the mortgage agreement..." Id. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 the property. (1971) . Plaintiff submits that if Plaintiff went to sale without reassessing damages, and if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages will not be detrimental whatsoever to Defendant(s) as it imputes no personal liability. The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat. Bank case that the debt owed on a mortgage changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff's Motion for Reassessment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff's judgment amount. May Term, 1986, No. 2359 (CCP PHILA. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages. FEDERMANAND PHELAN, LLP. DANIEL G. SCHMIEG, ESQUIRE ATTOP/~EY FOR PLAINTIFF VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reassessment of Damages are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: May 20, 2002 Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN, LLP. by: Daniel 6. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 ALTEGRA CREDIT COMPANY vs. CHARLES E. DOUGHERTY JOAN M. DOUGHERTY ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 01-6494 CIVIL AFFIDAVIT OF SERVICE Daniel G. Schmieg, Esquire, hereby certifies that a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on May 20, 2002. CHARLES E. DOUGHERTY JOAN M. DOUGHERTY 18 HUMMEL AVENUE CAMP HILL, PA 17011 DATE: May 20, 2002 Daniel G. Schmieg, Esquire Attorney for Plaintiff STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND / ss. Robert p Ziegler ................................................................. Recorder of Deeds in and for said County and State do'hereby certify that thc ShcrlfPs Deed in which ................ Altegra Credit Co .................................................................................... ~ thc grantee thc sa.mc having been sold to said grantee on thc 5 th ............................................... day of June 02 ........................................ A. D., ~ ..... , under and by virtue of a writ .............. Execution ................................................ issued on the ...... 13 r h day o~ _ March A D., 02 .......................... - ....~ °ut °f thc Court of Comman Pleas of sald County'as of Civi ! ........................................................ 2001 . 6494 ........................... Term, l ...... Number atthcsuP ~ Altegra Credit Co · Charles E Dougherty & Joan M ................................... against .................................................... duly recorded in Sheriff's Deed Book No. 252 2039 ............ , Page IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ___=?=_~=___ day of ......... ~.~_ ............. A.D., ~._?..~= Recorder of l~eda Altegra Credit Company VS Charles E. Dougherty and Joan M. Dougherty In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6494 Civil Term Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on March 18, 2002 at 8:32 o'clock am, EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Charles E. Dougherty, by making known unto Sara Dougherty, adult daughter of defendant, at 18 Hummel Ave., Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said tree and correct copy of the same. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on March 18, 2002 at 8:32 o'clock am, EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Joan M. Dougherty, by making known unto Sara Dougherty, adult daughter of defendant, at 18 Hummel Ave., Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2002 at 3:02 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Charles E. Dougherty and Joan M. Dougherty located at 18 Hummel Ave., Camp Hill, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Charles E. Dougherty, by regular mail to his last known address of 18 Hummel Ave., Camp Hill, PA 17011. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Joan M. Dougherty, by regular mail to her last known address of 18 Hummel Ave., Camp Hill, PA 17011. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5'2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Altegra Credit Company. It being the highest bid and best price received for the same, Altegra Credit Company of 150 Allegheny Center Mall, Pittsburgh, PA 15212, being the buyer in this execution paid Sheriff R. Thomas Kline, the sum of $760.57, it being costs. SheriWs Costs: Docketing $30.00 Poundage 14.91 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Service 20.70 Certified Mail 1.81 Levy 15.00 Surcharge 30.00 Law Journal 284.00 Patriot News 212.95 Share of Bills 25.20 Distribution of Proceeds Sheriff s Deed 25.00 29.50 $760.57 paid by attorney 6/26/02 This 12 ~dayof a I R. Thomas Kline, Sheriff 2002, A.D. ~ (~. P/rothonotary BY Real Estate Deputy 3o.~,o 0-'J° K(~t AL~EGRA CREDIT COMPANY Plaintiff, CHARLES E. DOUGHERTY JOAN M. DOUGI-IERTY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6494 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) ALTEGRA CREDIT COMPANy., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information conceming the real property located at ~18 HUMMEL AVENUE, CAMP HILL~ PA 17011. 1. Name and address of 0wner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHARLES E. DOUGHERTY 18 HUMMEL AVENUE CAMP HILL, PA 17011 JOAN M. DOUGHERTY 18 HUMMEL AVENUE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: CHARLES E. DOUGHERTY 18 HUMMEL AVENUE CAMP HILL, PA 17011 JOAN M. DOUGHERTY 18 HUMMEL AVENUE CAMP HILL, PA 17011 3. Name and last known address of every judgment creditor whose judgment ~; a: :( *~ !i¢,~, n the real property to be sold: Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMERCIAL CREDIT CORP. 3401 HARTZDALE DRIVE, STE. 126 CAMP HILL, PA 17011 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LOWER ALLEN TOWNSH~ AUTHORITY 120 LIMEKILN ROAD NEW CUMBERLAND, PA 17070 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. SalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Sallie Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 18 HUMMEL AVENUE. CAMP HILL, PA 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ALTEGRA CREDIT COMPANY Plaintiff, CHARLES E. DOUGHERTY JOAN M. DOUGHERTY Defendant(s). TO: CHARLES E. DOUGHERTY 18 HUMMEL AVENUE CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 01-6494 CIVIL March 8, 2002 JOAN M. DOUGHERTY 18 HUMMEL AVENUE CAMP HILL, PA 17011 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at ~ 18 HUMMEL AVENUE~ CAMP HILL~ PA 1701L is scheduled to be sold at the Sheriff's Sale on JUNE 5~ 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 78~252.04 obtained by ALTEGRA CREDIT COMPANY (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: {215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale wilt go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN piece or parcel of laud situate in Lower Allen Township, Counlzy of Cumberland ............... ,~o.,,,ama bounded and described as foilows, to wit: BEGINNING at a point on the Northern line of Hummel Avenue, as laid down by the W. Gorg% Estate. which point is two hundred eight?' (280) feet West of the Western line of MlI!town R'~c 4. at ,'5 ~. di,,~slon line of Properq; No. 16; thence Northwardly at right angles with Hummel .avenue, thzough thc center of the palxkion wall of this and adjoining house and beyond one hundred nineteen (119) feet, more or less, to a point on the Southern line of a public road: [hence Wes:wardly along the Southern line of said Public Road thirt?-five (~) feet. more or less, to a point on [he division line of Lo~: No. !0; thence Southwardly along said division line one hundred nineteen (119) feet, more or less, to the Northern line of Hummel AYenue and thence East,,vardlv along the _ oxhe., l:r.e of HuwnT. e! Avenue thirt?'-five (3~') feet to a point, the place of begriming. .... ~ ' '- 18 in said Plan of Lots. H3, VING tt~ereon .~e.~e~ a brick dweilMg house, l<2own and numoe,ed as Tax Ma? TITLE TO SAID PREMISES IS VESTED [N Charles E. Dou.~he~; and Joan N ugherty, his wife by Deed from Rober~ W. Fa-var and Arlene L. Far,/er, his wife, et al. dated 10,.20/1980. recorded 10 __,. I980 in Record Book 29-D, Page 96~. WRIT OF EXECUTION an[l/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-6494 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ALTEGRA CREDIT COMPANY PLANTIFF(S) From CHARLES E. DOUGHERTY AND JOAN M. DOUGHERTY (1) You are directed to levy upon the property of the defendant(s) and to sell SEE LEGAL DESCRIPTION OF PROPERTY (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount DueS78,252.04 L.L.$.50 Interest FROM 3/8/02 TO 6/5/02 (PER DIEM - 12.867 $1,144.54 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $187.22 Other Costs Plaintiff Paid Date: MARCH 13, 2002 CURTIS R. LONG Prothonotary, Civil Division By: REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Real Estate Sale On March 14, 2002 the sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA known and numbered as 18 Hummel Ave., Camp Hill, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 14, 2002 Real Estate ~epury PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 26, MAY 3, 10, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. R~.~,L F~TA'I~ 9AI~ NO. 46 Writ No. 2001-6494 Civil Altegra Credit Company Charles E. Dougherty and Joan M. Dougherty Atty.: Frank Federman ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, County of Cumberland and State of Pennsylvania bounded and described as follows, to wit: BEGINNING at a point on the Northern line of Hummel Avenue, as laid down by the W. Gorgas Es tate. which point is two hundred eighty (280) feet West of the West ern line of Mllltown Road, at the di- vision line of Property No. 16; thence Northwardly at right angles with Hummel Avenue, through the cen ter of the partition wall of this and adjoining house and beyond one hundred nineteen (119) feet. more or lesa, to a point on the ,~outhern , Editor SWORN TO AND SUBSCRIBED before me this 10 .day of MAY, 2002 961. THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S A L E #46 ._ -:;~ ,~u~,o,~, ;bud be~ore I ~e~is ZTth day ,~f I~a,.~L~O02 A.D. Ha~u~ Oauph n County ~ ' · 6 ~ ~ NOTARY PUBLIC [ My Com~sslon Expires Ju~ , ~ ,, . · _ ,. ~s My commission expires June 6, 2002 CUMBER~ND ~U~ SHERIFFS O~ICE CUMBERED C~ ~U~USE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 211.20 $ 1.75 $ 212.95 Publisher's Receipt for Advertising Cost ,., publisher of The Patriot-News and The unda Patriot-News, newspapers of general ;la receipt of the aforesaid notice and publication costs and certifies that the same have